Letter before court claim signed for by a neighbour!

Manxman_in_exile

Ectophile said:

Manxman_in_exile said:

Ectophile said:

Where the law requires (or allows) notices to be sent by post, then Section 7 of the Interpretation Act applies https://www.legislation.gov.uk/ukpga/1978/30/section/7

If you can show that you posted the letter, then it's up to the other party to prove that they didn't receive it - which is almost impossible to do in most cases.

But it's not clear that there is any legal requirement to send a Letter Before Action to anybody.

Playing Devil's Advocate.... there would appear to be evidence that it actually was not delivered to the correct address

That's why you should send legal notices by first class post, paying over the counter at a Post Office and getting a receipt.  That way, you can assume it's been delivered 2 days later.

Quite.

Plus as @Robbo66 said, if you send anything signed for you give the recipient the opportunity to refuse service.

Manxman_in_exile

Just to clarify - there may be some circumstances in which a statute might specifically require papers etc to be delivered in a particular way.

eg where a bailee proposes to exercise their power of sale, then s6(2) of Part 2 of Schedule 1 to the  Torts (Interference with Goods) Act 1977 (legislation.gov.uk) specifies that notice must be in writing and must be delivered by registered letter or recorded delivery.

But otherwise first class delivery plus proof of posting will usually suffice.

[Also see Rules 6.3 and 6.20 of PART 6 - SERVICE OF DOCUMENTS - Civil Procedure Rules (justice.gov.uk)  ]